Journal of the House of Commons: Volume 1, 1547-1629. Originally published by His Majesty's Stationery Office, London, 1802.
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Veneris, 25o Maii, 19 Jacobi.
L. 1a. AN Act for the Reviving, and Setting on Foot, of the last Will and Testament of Tho. Lacy the elder, Gentleman, notwithstanding a Decree and Sentence in the high and honourable Court of Star-chamber.
Fees in Courts.
Mr. Spencer: - To restrain Ambassadors from taking any Gift, but with these Two Restraints: 1. Not to take any thing, till they be come away from the foreign Prince: 2ly, To lay it down at the King's Feet, at their coming home.
Committed to Master of the Rolls, Sir Edw. Coke, Mr. Spencer, Sir Grevill Verney, Sir D. Digges, Sir Geor. Moore, Sir Ro. Phillippes, Mr. Smyth, Sir Tho. Row, Sir Edw. Sands, Mr. Crew, Sir Edw. Peyton, Mr. Grffyn, Sir Edw. Mountague, Mr. Murray, Mr. Edw. Spencer, Mr. Solicitor, Mr. Edw. Herberte, Lord Wriothesley, Sir Jer. Horsey, Sir Nath. Rich, Mr. Salisbury, Sir Wm. Spencer, Sir Ben. Rudyard, Sir Wm. Gray: - Tuesday next, in the Court of Wards.
Limitation of Actions.
[To] take away Formedones, is to break the Will of the Donor, and to wrong the Donee. If the King be in Possession of my Land, I cannot enter; and yet, by this Bill, I shall be barred of my Right, and so the King shall gain my Land. Almost never heard of that any Man, that could enter, would forbear it 20 Years together. - Is against the Action of the Case to be limited to Two Years. - Noble Women, Ambassadors, may be prejudiced. - If you stop these Actions at the Common Law, they will be brought in the Chancery.
Mr. Crew, contra. - That 32o H. VIII. all Formedones intended to be limited. The Formedone in remainder and reverter, so now: That in discender, by a sinister Construction evaded ; which now helped by this Bill. - No Danger of the Case of the King's holding my Land; for there I have no Title of Entry, till, by an Amoveas manum, I get it out of the King's Hands. - Worketh much Peace,
Mr. Solicitor: - Approveth the Bill in general; yet, because Factors abroad above Six Years (and, in Time of Absence, cannot account) and by this Means may lose his Debt, moveth a special Proviso in this special Case.
Sir Edw. Coke : - Wisheth well to the Bill: Yet something to be amended. - Actions limited by divers ancient Acts of Parliament, both real and mixed. - Great Inconveniences by Alteration of Maxims at the Common Law. -
Donis conditionalibus : - Non-claim. - To amend the Bill in Two Points : - " Which shall hereafter first descend or accrue;" and after, in the Words, "other than such Accounts, as concern the Trade of Merchandize between Merchant and Merchant, their Factors or Servants."
The Prince's Exchange.
Mr. Solicitor: - This Bill taketh away the King's Prerogative for Carriages : And must be driven to lie always at One House. - Not fit to commit to the Justices of Peace the Rating of the King's Price: - And, if the Purveyor neglect to pay, the King must be punished, by wanting the Service to him, that is unpaid. - The Punishment, by the Green-cloth, taken away, and transferred to the Justices of Peace. - Moveth, to go, not this Way, but by Conference with the Green-cloth ; which his Majesty will command.
Mr. Treasurer, accordant. - That the Green-cloth now punished the Misdemeanors of Cart-takers. That now no Cart-taker can send, for any Carts, but by Warrant from Two of the Green-cloth. He hath his Number appointed him, and the Place, from which they shall have them delivered. That the Cofferer now not indebted 5l. for Carriages, but the Parties are paid, as soon as they unlade at the Court.
Sir Wm. Fletewood: - That the King's Power, of taking Carriages, not impeached by this Bill. - No Price, by Prerogative, but as can agree. - Not like that 2d. a Mile, a prerogative Price ancient: For a Bushel of Wheat heretofore sold for 3. ob. - Just, the Labourer should have his Hire. - That Justices of Peace trusted with all other Wages. - That a Law in H. VI. Time, yet in force, that no Carriages to be taken, but by Agreement between the Taker and Party. - The Authority of the Green-cloth not taken away by this Bill, as now reformed ; but Power given the Justices of Peace, upon Complaint, to punish the Cart-taker. - That, though the Cofferer not behind, yet the Cart-taker keepeth it; the Subject rather causing to leave that little Money, than stay for it, as the Cart-taker maketh them.